January 20, 2011 | 4:49 PM | By

Audit: Family court mediators may not be trained

FILED UNDER: Courts, Family Court, State Auditor, Superior Court of Marin

The state today released the results of a lengthy audit and focuses on family court personnel used in child custody disputes. Family courts are the sticky places where marriages are dissolved and questions about the guardianship of children are decided. For that reason, they’re often the subject of controversy, and have come under particular scrutiny for allegedly deferring to mediators and investigators. These mediators (unlike parents) are assumed to have the best interests of the child in mind at all times, and to represent that child’s interests in the battle over custody. Groups like the California Protective Parents Association and the Center for Judicial Excellence say that these mediators are ill-equipped to perform the complicated task of distinguishing between well-meaning, caring parents and abusive ones.

With those criticisms in mind, State Senator Mark Leno requested an audit of Sacramento and Marin County’s family courts back in 2009. And the results, prepared by State Auditor Elaine M. Howle, indicate some of those fears are justified:

  • Auditors found that four of seven mediators used in Marin courts to help settle disputes between separating and divorcing parents did not have documentation showing that they had completed basic training.
  • All seven of the mediators couldn’t demonstrate that they had “fulfilled the minimum qualifications, initial training, and continuing education requirements to perform mediations.”
  • And when families and individuals filed complaints against mediators, there was little or no documentation proving what actions were taken to respond to and investigate the complaints.

In responding to the audit, which included similar concerns about Sacramento courts, the presiding judge of Sacramento wrote that the court “is largely in agreement with the bureau’s recommendations. In fact we have already begun the process of implementing the great majority of recommendations contained within the bureau’s report.” The presiding judge of Marin, however, wrote that the bold language in the audit “creates an undeserved poor impression of the Marin family court. Likewise, the titles of the two chapters in the report give a similar impression that you found the court to be engaged in widespread disregard for laws, rules, policies and procedures, which, of course, is not true.” Full report below.

Sacramento and Marin Audit Report

  • http://www.facebook.com/people/Zoe-Di-Katze/100001742496015 Zoe Di Katze

    The same things are going on in San Diego but worse. In San Diego County they have violated Rules of Court over Evaluators for a decade — the only County in the State where countywide non-application of mandatory rules have been remiss. They did this intentionally, consciously, and are currently ignoring the problem and trying to hide it. Read about it at http://www.thepubliccourt.com/ Be sure to read http://www.thepubliccourt.com/custody-evaluators-2 You must also read http://www.thepubliccourt.com/archives/1 All of these section have material evidence of con-artist fraud Evaluators, and WHO, HOW, and WHY they are doing what they are doing. The Judges would rather honor “cat credentialed” Evaluators and Mediators than the real Board Certified from the ABPP/ABFP. When you read http://www.thepubliccourt.com/custody-evaluators-2 you will see why the Press and the AOC has mentioned only Mediators. The problems exist with Evaluators as well, but they want to hide the most egregious Countywide corruption over these matters that have been going on in San Diego parallel with Sacramento and Marin. The whole Nation is at high risk from the “cat credentialed” psychologists. The only REAL Board Certified are the ABPP/ABFP. If they don’t have certs. from the ABPP they are not worth it.

  • Guest

    I have experienced this with a family member and other people. Unfortunately, this is an insidious problem and the Los Angeles Family Legal System is much worse. You would not believe the hundreds of complaints they get everyday and the Law Suits. It is a true epedemic there. The Judges are just as bad as the evaluators and you would think, them of all people would set some kind of professional standard. Nope!!! The corruption, greed, biases and lack of knowledge run rampant in all areas. In one incident – a move – away case, the evaluator recommended a move for the mother, just because she did not like LA. Not only that, she was having an affair and just wanted to move where he was thousands of miles away. She said, she thought she would have a better life
    in NC. And the father was a perfectly good father – she even admitted this. And the very biased Judge allowed it! You don’t take a child away from the father just because the mother fell out of love with him. She told the evaluator, attorneys and the Judge she was getting married in late June of 2010. It is 3-11-11 and she is still not married and 8 months pregnant. Now, please, what is wrong with this picture!! The court systems are fracturing the lives of children and the poor parent that is left behind. This is egregious!!!!!!!! This child is still crying when her father calls – she does not understand why her Daddy can’t come and get her – take her swimming and etc…………This needs to stop! They do not care about what is in the best interest of children. Now, I am talking about good parents. In this circumstance the mother was a very selfish woman with no family values.

    nf